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Thread: Deportation

  1. #1
    Guest
    My fiancee was arrested 2 weeks with a final deportation order from the BIA. He is currently being detained at a local county INS detention center. Initially we appealed the IJ's order of deportation, appeal denied. My boyfriend is being deported only on a 237 (a)(2)(A)(i) charge. Which to my knowledge is being convicted of an 'aggravated felony' in which a sentence of a year or longer is imposed. He plead guilty under the ill advice of his court appointed attorney and District Court judge, who never disclosed the potential ramifications it could cause with immigration, automatic deportation proceedings. He was sentenced to 6 months, 59 days were served. The balance was suspended. He was placed on 1 year probation, which was completed successfully. He has been in the US since 1989, legal through a previous marriage in 1994 (conditions lifted in 1996). He has a US citizen child to which he pays $500/month in child support. With the exception of the conviction, he has always been a law abiding resident, working for a Fortune 500 company for the past 1.5 years. Does the clause in 237 not relate to persons who plead guilty? Are there any loop holes in the law that I could possibly be missing? Could a 'Writ of Corum Nobis' have any effect in this case? Could I have this taken to Federal Court. I have seeked the advice of several Immigration Lawyers, all of them have told me that nothing can be done. I believe this advice to be wrong.

    The crime in which he plead guilty to was Malicious Destruction of Property over $250.00 (a car in which he owned to the time).

    Thanks in advance for your advice and comments.

    Andrea

  2. #2
    Guest
    My fiancee was arrested 2 weeks with a final deportation order from the BIA. He is currently being detained at a local county INS detention center. Initially we appealed the IJ's order of deportation, appeal denied. My boyfriend is being deported only on a 237 (a)(2)(A)(i) charge. Which to my knowledge is being convicted of an 'aggravated felony' in which a sentence of a year or longer is imposed. He plead guilty under the ill advice of his court appointed attorney and District Court judge, who never disclosed the potential ramifications it could cause with immigration, automatic deportation proceedings. He was sentenced to 6 months, 59 days were served. The balance was suspended. He was placed on 1 year probation, which was completed successfully. He has been in the US since 1989, legal through a previous marriage in 1994 (conditions lifted in 1996). He has a US citizen child to which he pays $500/month in child support. With the exception of the conviction, he has always been a law abiding resident, working for a Fortune 500 company for the past 1.5 years. Does the clause in 237 not relate to persons who plead guilty? Are there any loop holes in the law that I could possibly be missing? Could a 'Writ of Corum Nobis' have any effect in this case? Could I have this taken to Federal Court. I have seeked the advice of several Immigration Lawyers, all of them have told me that nothing can be done. I believe this advice to be wrong.

    The crime in which he plead guilty to was Malicious Destruction of Property over $250.00 (a car in which he owned to the time).

    Thanks in advance for your advice and comments.

    Andrea

  3. #3
    Guest
    I would need to know more info(date of conviction, reason why case was denied etc.) to determine if there is anything that could be done.
    Contact

    tdixon@lawyer.com

  4. #4
    Guest
    td, are you a lawyer ??? I just need some advice...
    Thank you..

  5. #5
    Guest
    I don't see how one can be charged to committing a malicious crime to one's own property (a car, as you stated!) There must be some other issues to be incarcarated to 6 months...

    Unless, money for a good attorney is available andor the crime took place before 1996, there is little that can be done to the final order of BIA. Good luck!

  6. #6
    Guest
    Write to your congressman. I have done this in serious situations, my father did it as an army serviceman years ago, and believe me, you get quick responses. Send it registered mail so that official has to sign for it. This always gets their attention. Be as brief as possible, and very honest, and if you don't hear back within three days, start calling their office(s). This really can make a huge difference.

  7. #7
    Guest
    237 (a)(2)(A)(i) describes crime involving moral turpitude rather than felony. You said he's sentenced to 6 months but what is the maximum possible sentence of the crime and when was the crime committed? Depending on that, he might be able to apply for AOS and try to get through but it's a really really long shot if he's already on a final order of deportation.

  8. #8
    Guest
    Yo-

    He is already a Legal Permanent Resident. Could a AOS apply at this point?

    Thanks-

  9. #9
    Guest
    is he under active removal process ??? if it's the case than you cannot apply for AOS...
    IF the judge has not order him to leave the country yet, yes you can still apply for AOS..
    Good luck

  10. #10
    Guest
    Immigration courts generally do NOT consider the following crimes to involve moral turpitude:

    ~ involuntary manslaughter
    ~ carrying a concealed weapon
    ~ libel
    ~ mailing an obscene letter
    ~ riot
    ~ simple assault and battery
    ~ attempted suicide
    ~ vagrancy
    ~ possession of a sawed-off shotgun
    ~ maintaining a nuisance
    ~ breaking and entering
    ~ failing to pay ship fare
    ~ loan sharking
    ~ unlawful entry
    ~ possession of stolen property
    ~ damaging private property
    ~ joyriding (when permanent taking is not involved)
    ~ failing to report for induction
    ~ desertion
    ~ false statements not amounting to perjury
    ~ violations of regulatory laws such as gambling or drunk driving
    ~ escaping from prison.

    The concept of moral turpitude is an ever-evolving concept. Unfortunately, it seems to be evolving in the direction of making more and more offenses equivalent to moral turpitude offenses.

    Immigration courts generally *consider* the following crimes to involve moral turpitude:

    ~ murder
    ~ voluntary manslaughter
    ~ manslaughter involving recklessness
    ~ kidnapping
    ~ arson
    ~ blackmail
    ~ mayhem
    ~ attempted murder
    ~ assault with intent to rob or kill or commit abortion or rape
    ~ rape (both common law and statutory
    ~ abandonment of a minor child (if the offense entails willfulness of the parent and destitution of the child)
    ~ assault with a deadly weapon
    ~ adultery
    ~ larceny (both grand and petty)
    ~ receiving stolen goods with knowledge
    ~ robbery
    ~ transporting stolen property
    ~ malicious destruction of property
    ~ false pretenses
    ~ bigamy
    ~ prostitution
    ~ lewdness
    ~ gross indecency
    ~ incest (if resulting from an improper sexual relationship, but not when it emerges solely from a marital status prohibited by law)
    ~ forgery
    ~ knowingly harboring a fugitive from justice
    ~ wilfully or knowingly harboring or smuggling an illegal alien
    ~ interfering with a law enforcement officer through the use of a deadly weapon
    ~ burglary
    ~ extortion
    ~ embezzlement
    ~ counterfeiting
    ~ perjury
    ~ willful tax evasion
    ~ bribery
    ~ using mails to defraud
    ~ theft
    ~ any crime involving fraud.

    An alien convicted of a crime involving moral turpitude committed within 5 years after the date of the alien's admission (or applying for admission) to the United States and for which a sentence of 1 year or longer may be imposed is deportable. [(INA) Section 237(a)(2)(A)(i) (1996), 8 U.S.C. S. 1227(a)(2)(A)(i)]

    - An alien who at any time after admission to the United States is convicted of two crimes of moral turpitude not arising out of a single scheme of criminal misconduct is deportable. [INA Section 237(a)(2)(A)(ii), 8 U.S.C. S 1227(a)(2)(A)(ii)]

    - An alien convicted of, or who admits having committed, a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime) is inadmissible to the United States. [INA ' 212(a)(2)(A)(i)(I), 8 U.S.C. S. 1182(a)(2)(A)(i)(I)] However, this bar of admissibility does not apply if the alien committed only one crime involving moral turpitude and
    (1) the crime was committed when the alien was under 18 and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or
    (2) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed). [INA Section 212(a)(2)(A)(ii), 8 U.S.C. S. 1182(a)(2)(A)(ii)]

    An alien who receives deferred adjudication is usually considered to have a conviction for immigration purposes. However, a special rule exists for crimes involving moral turpitude. An alien who is discharged and released from all disabilities of his conviction following completion of the terms of probation is considered to have had his conviction expunged. Matter of Gutnick, 13 I. & N. Dec. 672, 672- 73 (BIA 1971). An alien who has had a conviction for a crime involving moral turpitude expunged may not be deported based on having been convicted of a crime of moral turpitude. Matter of Ozkok, 19 I. & N. Dec. 546, 552 (BIA 1988).

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